Walton Water Co. v. Village of Walton

Kellogg, A. L., J.

This is an action brought by the Walton Water Company against the village of Walton for the use of water for fire protection.

The defendant claims that by virtue of the contract entered *296into between the plaintiff and defendant August 21, 1879, the water company was to furnish water for fire protection to the defendant without charge, so long as such water works existed; that the defendant, therefore, is not bound to pay for the use of the water for which this action is brought.

In August, 1878, eight persons made an application to the village board of the village of Walton and…